Top Five Questions relating to Waterbeach leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Waterbeach. Before diving in I require certainty as to the number of years remaining on the lease.
Assuming the lease is registered - and almost all are in Waterbeach - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I would like to let out my leasehold flat in Waterbeach. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Even though your previous Waterbeach conveyancing lawyer is not available you can review your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek consent from your landlord or some other party before subletting. This means you not allowed to sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord for their consent.
I have recently realised that I have 62 years left on my flat in Waterbeach. I now want to get lease extension but my landlord is absent. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to locate the lessor. In some cases an enquiry agent would be helpful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Waterbeach.
I've recently bought a leasehold flat in Waterbeach. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
What makes a Waterbeach lease unmortgageable?
There is nothing unique about leasehold conveyancing in Waterbeach. Most leases is drafted differently and drafting errors can sometimes mean that certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:
- Repairing obligations to or maintain parts of the premises
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You could encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Leeds Building Society, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to withdraw.
Waterbeach Leasehold Conveyancing - A selection of Queries Prior to Purchasing
Is there a share of the freehold?
What is the the remaining lease term?
Make sure you discover if there are any onerous prohibitions in the lease. For example it is very common in Waterbeach leases that pets are not allowed in in a block in Waterbeach. If you love the apartmentin Waterbeach yet your cat can’t make the move with you then you have a very hard compromise.